slavery, racism, jim crowe. they will had impacts. lbj in the '60s is saying how do we move forward? you can't let the shackles down and think we have equality. you have to work to make equality. that's where the concept was rooted initially. >> this notion though of a reparation or repair tiff as foekt affirmative action goes away in michigan. the michigan cases which are ultimately up for debate now, tell us about those. >> absolutely. there are two rationales under the constitution, one is the immediate -- the other one is the diversity rationale. there's been a movement away from the remedial rationale towards the diversity rationale. harvard law professor says it's a better move because it makes people, minority groups, look like they are burying gifts rather than grievances which this language that i love. like she does, i feel like we've moved too far from the remedial aspiration. but you're exactly right. once we get to the michigan case, 2003 case we have the diversity rationale being asserted by the university of michigan la